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AN ACT
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relating to the imposition of consecutive sentences for certain |
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offenses arising out of the same criminal episode. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.03(b), Penal Code, is amended to read |
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as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
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against a victim younger than 17 years of age at the time of the |
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commission of the offense regardless of whether the accused is |
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convicted of violations of the same section more than once or is |
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convicted of violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; |
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(3) an offense: |
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(A) under Section 21.15 or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(4) an offense for which the judgment in the case |
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contains an affirmative finding under Article 42.0197, Code of |
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Criminal Procedure; |
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(5) an offense: |
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(A) under Section 20A.02, 20A.03, or 43.05, |
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regardless of whether the accused is convicted of violations of the |
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same section more than once or is convicted of violations of more |
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than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of more than one section; [or] |
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(6) an offense: |
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(A) under Section 22.04(a)(1) or (2) or Section |
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22.04(a-1)(1) or (2) that is punishable as a felony of the first |
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degree, regardless of whether the accused is convicted of |
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violations of the same section more than once or is convicted of |
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violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) and punishable as described by that |
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paragraph, regardless of whether the accused is charged with |
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violations of the same section more than once or is charged with |
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violations of more than one section; or |
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(7) any combination of offenses listed in Subdivisions |
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(1)-(6). |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1403 was passed by the House on April |
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20, 2021, by the following vote: Yeas 141, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1403 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |